High Court of DelhiMAT.APP.(F.C.)/197/2018

Sangeeta Gera v. Sanjeev Gera

2018-08-16Hon'Ble Mr. Justice G.S.Sistani,Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 197/2018 SANGEETA GERA ..... Appellant Through:

Mr.Aman Mehta, Advocate.

versus SANJEEV GERA ..... Respondent Through:

Mr.Rishi Kapoor, Advocate.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 16.08.2018 CM Nos.32859/2018 & 32861/2018 (exemptions) Exemptions allowed, subject to all just exceptions. The applications stand disposed of.

Caveat No.736/2018 Mr.Kapoor, counsel for the respondent enters appearance. Accordingly, caveat stands discharged.

MAT.APP.(F.C.) 197/2018 The present appeal is directed against the order dated 31.07.2018 by which the request of the appellant for seeking exemption of the presence of the witness Nisha Arora, real sister of the appellant, was declined. After some hearing, the appeal with respect to this witness is not pressed as also the prayer for summoning of the record from Ambrosia building, Mumbai.

Another grievance of the appellant is that the Family Court has failed to consider the submission made on behalf of the appellant for summoning witness Ms. Abhilasha Wali. Counsel contends that he had made submission explaining

the necessity and relevance of the aforesaid witness, but the Family Judge has not dealt with the submission so made.

We have heard learned counsel for the appellant and examined the order dated 31.07.2018. We find that either no specific submission was made with regard to the necessity of summoning Ms. Abhilasha Wali or the same has escaped the attention of the Court while passing the order dated 31.07.2018. At this stage, learned counsel for the appellant seeks leave to file a petition to review of order dated 31.07.2018. Leave as prayed for by counsel for the appellant is granted.

We make it clear that we have not expressed any opinion on the merits of the case. The Family Court if deem it appropriate may entertain the application, if maintainable.

The present appeal and CM No.32860/2018 (stay) are disposed of. Dasti under the signature of Court Master.

G.S.SISTANI, J SANGITA DHINGRA SEHGAL, J AUGUST 16, 2018 afa MAT.APP.(F.C.) 42/2018 2/2